Get free answers to your Legal Malpractice legal questions from lawyers in your area.
Attorneys grounds for withdrawal are said to be medical issues.
If I have to pay another attorney to familiarize themselves with my case, does that not make at least a large portion of my withdrawing attorneys fees that have been charged useless? It appears malicious to send a bill using... View More 
answered on Jan 13, 2025
Your attorney is entitled to be compensated based upon the terms of your fee contract. It is impossible to predict if the attorney's retention of the retainer is justified because we do not know when the medical issues arose. You are entitled to an explanation of what work the attorney did,... View More
I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More
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answered on Jul 21, 2024
If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More
I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More
answered on Feb 3, 2024
There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.
My experience in collecting debts, is that it is often a slow process. It can, of course, take years,... View More
answered on Dec 18, 2024
A North Carolina attorney could advise best, but your question remains open for a week. If you originally entered into an agreement with them for a set amount, then it sounds like a situation of breach of contract, from a textbook standpoint. From a PRACTICAL standpoint, your options could depend... View More
I seek legal advice regarding a series of wrongful involuntary commitments (IVCs) between March 2022 and September 2024 in Winston-Salem, NC. Of 12 IVCs, 11 occurred in 2024 alone, initiated by my mother. These actions caused severe personal distress, and I believe my due process rights were... View More
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answered on Oct 20, 2024
I'm sorry you're going through this challenging experience. It's important to seek professional legal assistance to navigate these complex issues effectively. Start by contacting an attorney who has experience with civil rights or mental health law to discuss your specific situation.... View More
My court appointed attorney lacks communication, won’t file a motion for a bond reduction hearing no matter how often I request it, won’t take into consideration valuable information/evidence that I have pertaining to my case and has tried to push me towards taking a plea that i don’t want to... View More
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answered on Oct 2, 2024
In North Carolina, you have the right to request a different court-appointed attorney if you believe your current one is not adequately representing you. To initiate this process, you should first communicate your concerns clearly to your attorney in writing, detailing the specific issues you’re... View More
Attorney was given several affidavits to use prooving innocence that would have brought children home at 2nd non-secure custody hearing. Along with found newborns at birth drug screen showing it was taken 2 hours before child was even born. Client contacted law professors willing to assist... View More
answered on Feb 12, 2024
It may be legal malpractice for which a lawsuit for damages could be initiated.
Depending on the status of the case, it may be time to hire a new attorney.
I had a law firm break 2 state laws (letter of the laws, blatant) in process of various court proceedings against me. They also requested for NC State to break 1 of it's own laws to get the outcome they seek (NC state hasn't broken these laws, yet. If they did, it would be a 14th... View More
answered on Oct 21, 2023
The method to address opposing counsel’s actions is within the case, not a separate lawsuit.
The attorney handling the sale of a purchase of a home in another state neglected to provide in a timely manner the wiring information needed to close on the sale of the home. He refused to accept a certified bank check. Our bank would not wire funds unless it was done in person, so not over the... View More
answered on Jul 3, 2023
It likely did not rise to the level of malpractice. However, it would likely be enough to collect any amount directly tied to the issue from the lawyer. I would start by asking the lawyer directly and escalate from there.
Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where... View More
answered on Jun 14, 2023
You may need to find a new attorney before getting the retainer back as that will likely be contested.
If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.
I was convicted by a jury. I had a court appointed lawyer, which she should have seen the errors from the beginning. I done 3yrs more than what I should have according to the DPS offender look-up. Since I been out, I had won money on a scratch off, but they took it for dues owed on that case. I... View More
answered on May 1, 2023
Some states require a factual finding of innocence in order to bring a legal malpractice case.
Consult with experienced attorneys.
I have my complete file and have spoken to several attny that has told me He screwed me but they dont handle attny.malpractice
answered on Mar 24, 2023
Anyone considering a malpractice claim should consider speaking with a malpractice attorney. Legal malpractice is mostly about whether an attorney met their legal duties. Generally speaking, every North Carolina attorney has the same basic legal duties, regardless of the subject matter of the case... View More
The area in question was purposely covered by a piece of furniture that fit exactly inside a closet. The end of month we'll be here 1 yr. We just moved this furniture and saw a nightmare. We had an inspection done and he never even checked. The home was built in 2019. We are 3rd owners. DR... View More
answered on Jul 28, 2022
Get your entire contract and as much information in front of a local lawyer as soon as possible. While it is likely too late to utilize the home warranty, if it exists, you can likely still file a lawsuit against some party to the matter.
We have been going to them for over a year with zero complaints. The manager says my dog hurt himself. They were rude and refuse to help me understand. We took him to a vet and the vet confirmed he was strangled to death. The company refuses to show me the video footage from today that would prove... View More
answered on Aug 17, 2021
You would need to sue them and then as part of the suit demand to see all videos that they took of your dog that day.
I have vertigo and turned in paperwork to my general manager at work but still received written referrals for being late and not showing up when I am having vertigo can I be fired for it
answered on Jul 14, 2021
Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... View More
I am legally declared incompetent and my mother is my legal guardian and payee. We are awaiting a hearing. DSS attorney will be present.
answered on Mar 4, 2021
Legal guardians need to be a responsible adult. If the judge is convinced the person you request is responsible and they have your interests in mind, that change should not be a problem.
At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter... View More
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answered on Nov 11, 2020
Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent... View More
I retained a lawyer four years ago for a custody suit and won FULL custody. The other parent has now hired the SAME lawyer trying to get custody. AND, its the same judge that signed the first order that is now sitting the bench on this new order. I say they both should have to recuse themselves.... View More
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answered on Oct 9, 2020
I see no ethical problems for the Judge and I really don't see any problems for the lawyer either since your prior case has been concluded four years ago. There is no question that the better practice would be for the lawyer to not take the case, just to avoid the appearance of impropriety... View More
My mother changed careers when I was a pre-teen, and she was a fairly inexperienced counselor. I came to her with normal teen problems, i.e. concerns about not fitting in in high school and she offered to do counseling with me in our house. I didn't know better so I accepted. In hindsight,... View More
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answered on Apr 18, 2019
You not only want to blame talks you had with your mommy as a pre-teen for the problems you have as a 30 year old adult but want to sue her for it as well? There is no circumstance I can think of where legal action for something like that should have even crossed your mind let alone be something... View More
Sessions would include education on stretches, self-massage, and self-care. These free sessions are part of advertisement/marketing efforts to build a massage therapy business. Class would take place in libraries, churches, stores, any place that would like to partner with the licensed massage... View More
answered on Feb 4, 2019
Your best bet is a business law attorney. A general practitioner who handles civil contracts should have familiarity with those issues as well.
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